CITY OF PINELLAS PARK, FLORIDA PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING September 14, 2017

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1 CITY OF PINELLAS PARK, FLORIDA PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING September 14, 2017 The meeting was called to order at 7:00 p.m. by Dennis Shelley, Chairperson. ROLL CALL PRESENT: ABSENT: STAFF PRESENT: INVOCATION: Dennis Shelley, Chairperson William DeLong, Vice Chairperson Raymond Long Louis Bommattei James Madden Keith Sabiel Brenda Braitling Anna Weaver, Zoning Coordinator Melissa Thrumston, Planning and Zoning Analyst, Notary James Denhardt, City Attorney Mr. Bommattei PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: August 3, 2017 MOTION was made by Mr. DeLong and SECONDED by Mr. Madden to APPROVE the minutes of August 3, 2017 as published. REGULAR AGENDA Mr. Shelley Read the rules and procedures for the Planning and Zoning Commission. PUBLIC HEARING OPENED 1. CASE NO.: LDC (Legislative) REQUEST: AN ORDINANCE OF THE PINELLAS PARK CITY COUNCIL, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF PINELLAS PARK, FLORIDA, BY AMENDING ARTICLE 15, ZONING, SECTION (A) PERMITTED USES IN THE CN NEIGHBORHOOD COMMERCIAL DISTRICT, BY PROVIDING FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARY; SECTION (A)PERMITTED USES IN THE B-1 GENERAL COMMERCIAL DISTRICT, BY PROVIDING FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA PAGE 1

2 DISPENSARY; AND, BY AMENDING SECTION (A)PERMITTED USES IN THE MXD MIXED USE DISTRICT, BY PROVIDING FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARY; AND, BY AMENDING SECTION (A)PERMITTED USES IN THE TC TOWN CENTER DISTRICT, BY PROVIDING FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARY; AND, BY AMENDING SECTION (A), PERMITTED USES IN THE CH HEAVY COMMERCIAL DISTRICT, PROVIDING FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARY; AND, BY AMENDING SECTION (A), PERMITTED USES IN THE M-1 LIGHT INDUSTRIAL DISTRICT, PROVIDING FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARY AND MEDICAL MARIJUANA TREATMENT CENTER (MANUFACTURING, PROCESSING, TESTING, PACKAGING); AND,BY AMENDING SECTION (A), PERMITTED USES IN THE IH HEAVY INDUSTRIAL DISTRICT, PROVIDING FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARY AS AN ACCESSORY USE TO A MEDICAL MARIJUANA TREATMENT CENTER (MANUFACTURING, PROCESSING, TESTING, PACKAGING), AND, BY AMENDING SECTION , DEFINITIONS, PROVIDING OPERATIONAL DEFINITIONS FOR MEDICAL MARIJUANA DISPENSARY AND MEDICAL MARIJUANA TREATMENT CENTER; SUNSETTING PINELLAS PARK ORDINANCE NO WHICH ENACTED A MORATORIUM PERTAINING TO MEDICAL MARIJUANA TREATMENT CENTERS IN THE CITY OF PINELLAS PARK, FLORIDA, AND SUNSETTING PINELLAS PARK ORDINANCE NO WHICH AMENDED SUCH ORDINANCE; PROVIDING FOR THE INCLUSION OF SUCH AMENDED ORDINANCE IN THE CODE OF ORDINANCES OF THE CITY OF PINELLAS PARK, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Ms. Weaver Confirmed that all procedural requirements have been met and presented the staff report into the official record. QUESTIONS FOR STAFF Mr. Shelly Is there a limit to the number of dispensaries? Ms. Weaver No. Mr. Shelly So they could be lined up and down Park Blvd. door to door. Ms. Weaver Yes. Mr. Braitling I just had a question as to what s a school. Does that include pre-k all the way through college? What is school? Ms. Weaver In the State Statute it says elementary, middle and high schools. PAGE 2

3 Mr. Denhardt It does not include such things as day care facilities that are generally included in like alcoholic beverage distance requirements and the legislature specifically defines that and we have no control over that. We also have no control over the number of facilities. The legislature says you can outlaw them, but if you don t then you re very limited in what you can do. PROPONENTS OPPONENTS PUBLIC HEARING CLOSED BOARD DISCUSSION MOTION was made by Mr. DeLong and SECONDED by Mr. Madden to APPROVE case no. LDC Aye: Braitling, Madden, Bommattei, DeLong, Nay: Sabiel, Long, Shelley MOTION CARRIES Ms. Thrumston Swore in all those wishing to speak. PUBLIC HEARING OPENED 2. CASE NO.: CU /MS (Quasi-Judicial) REQUEST: LOCATION: Consideration of a request to establish a Conditional Use for a restaurant, drivein/drive-thru in the B-1 General Commercial Zoning District with waivers to the following: limited hours of operation when abutting a residential zoning district, streetscape landscaping, west perimeter buffer landscaping and a portion of the east perimeter buffer landscaping Bryan Dairy Road Ms. Weaver Confirmed that all procedural requirements have been met and presented the staff report into the official record. QUESTIONS FOR STAFF PROPONENTS PAGE 3

4 Mr. Daniel Epperly th Street, St. Petersburg, FL. I have been sworn in. Mr. Shelley Is there anything you would like to add? Mr. Daniel Epperly The presentation pretty much covered it. Mr. Shelley It s just another Dunkin Donuts. Is it going to be like the one on 49 th Street where they have all the traffic issues? Mr. Daniel Epperly No. it shouldn t be. Our parking is going to be conjoined with the other property which provides a lot of traffic to flow in and stage up. Mr. Sabiel I think it s a great location. Ms. Braitling Where is the sign located? Mr. Daniel Epperly Right at the northwest corner as close to the access drive as we can get it. The access drive is just to the west. OPPONENTS REBUTTAL PUBLIC HEARING CLOSED BOARD DISCUSSION MOTION was made by Mr. DeLong and SECONDED by Mr. Bommattei to APPROVE case no. CU /MS Aye: Braitling, Sabiel, Long, Madden, Bommattei, DeLong, Shelley Nay: MOTION CARRIED UNANIMOUSLY PUBLIC HEARING OPENED 3. CASE NO.: CU /MS (Quasi-Judicial) REQUEST: Consideration of a request to establish a Conditional Use for an Automotive Repair Facility (major) in the CH Heavy Commercial Zoning District where functionally abutting a residential zoning district and a waiver to the Outdoor Storage regulations from a 6 foot wall enclosure to a 6 foot solid fence enclosure around vehicles to be PAGE 4

5 repaired. LOCATION: 7651 Park Boulevard, Unit 2 Only Ms. Weaver Confirmed that all procedural requirements have been met and presented the staff report into the official record. QUESTIONS FOR STAFF Mr. Madden I read this was approved once before for a heavy automotive operation. What were the previous conditions? Ms. Weaver Yes. 1. Wrecked or inoperable vehicles awaiting repair may not be stored in required parking or landscape areas. 2. The rear garage doors shall remain closed before 8:00 a.m. and after 6:00 p.m. Monday through Friday; and after 1:00 p.m. on Saturday. 3. The rear garage doors shall remain closed all day on Sunday. The difference is that the applicant was to use the entire building and proposed to use the bay doors in the rear facing residential and they did not define an outdoor storage area. This tenant is proposing to use only unit 2 in the front end of the building toward Park Blvd. There are not going to be any bay doors facing any residential. Mr. Madden Was there any issues with the wall at that time? Ms. Weaver No. The wall was there. Our records indicate the applicant never opened and the Conditional Use lapsed. Mr. Shelley How many feet of wood fence are we talking about? Mr. DeLong 193 feet. Discussion held on outdoor storage area Ms. Braitling So are we going to ignore the other side? Ms. Weaver No. They were going to put a fence there as well in case they decide to install a rolling gate in the future. A 24 foot, two-way drive aisle would remain. Ms. Braitling Is there no requirement for ADA parking on their side? Ms. Weaver No. The requirement is based on the entire parcel and it is usually supposed to be closest to the door. At this time there are no proposed physical changes to the site so we would not be requiring them to move any spaces. Ms. Braitling What about the required parking for the type of business in unit 1 is going to use some of the spaces in the front. Ms. Weaver The two units will be sharing the spaces, because it is one parcel. PAGE 5

6 PROPONENTS Mr. Donald Hinrich 463 Harborview Lane, Harbor Blossom. I have been sworn. I am President of Caledesi Construction. Mr. Igor Diven 8789 Baywood Park Drive, Seminole Florida. I have been sworn. I am the one who wants to open the body shop. I have had a body shop for 28 years in a different state. I moved here about one and a half years ago and I am planning on opening again. Mr. Sabiel Will this be a drive-in self-contained spray booth? Mr. Igor Diven Yes. Mr. Sabiel Are you going to use a down draft for parts? Mr. Igor Diven Everything will be painted indoors. Mr. Shelley My only concern is the wood fence. I would like to see a solid block wall there. Discussion held on fence vs. block wall. Ms. Braitling Is there a reason why the area has to be a wood fence and it can t be a block wall? Ms. Weaver The requirement is for a masonry wall and the applicant has requested a waiver to provide a fence instead. It was a cost reason I believe. Mr. Hinrich How far does it extend? Ms. Weaver describes the area on the aerial. Ms. Braitling Not behind the dumpster? Ms. Weaver There would be a wall requirement there too. The intent is to shield the area from the adjoining properties and the right-of-way. Ms. Braitling Does the dumpster required an enclosure? Ms. Weaver Yes. But the wall in the back serves as a shield for the outdoor storage area. OPPONENTS REBUTTAL PAGE 6

7 PUBLIC HEARING CLOSED BOARD DISCUSSION MOTION was made by Mr. DeLong and SECONDED by Mr. Madden to APPROVE case no. CU and DENY MS (the requested waiver to provide a fence in lieu of a masonry wall) subject to the following conditions: 1. No automotive work may be conducted outdoors unless approved by the City Manager. 2. This Conditional Use shall apply to 7651 Park Boulevard, Unit 2 only. Aye: Braitling, Sabiel, Long, Madden, Bommattei, DeLong, Shelley Nay: MOTION CARRIES UNANIMOUS VOTE NEW BUSINESS GENERAL BUSINESS ADJOURNMENT MOTION was made by Mr. Delong and SECONDED by Mr. Long to ADJOURN the meeting. Aye: DeLong, Madden, Long, Bommattei, Shelley, Sabiel, Braitling Nay: MOTION CARRIES UNANIMOUS VOTE Meeting adjourned at approximately 7:26 p.m. Dennis Shelley, CHAIRPERSON PAGE 7